New York DMV Hearing Attorneys

Protecting Driving Privileges in New York State

If you're facing a Department of Motor Vehicles (DMV) hearing in New York, your driving privileges and personal freedom may be on the line. At Barket Epstein Kearon Aldea & LoTurco, LLP, we understand how overwhelming this process can be. Our experienced New York DMV hearing lawyers are here to guide you every step of the way, fighting to protect your rights and ensure the best possible outcome for your case.

To schedule a free consultation, call (888) 779-0267 or contact us online today.

What is a DMV Hearing?

A DMV hearing is an administrative proceeding conducted by the New York State Department of Motor Vehicles. Unlike a criminal court case, it’s not designed to determine your guilt or innocence of a crime but to address issues related to your driving privileges. DMV hearings often arise from allegations of driving while intoxicated (DWI), refusal to take a chemical test, or accumulating excessive points on your driving record.

Common reasons for a DMV hearing in New York include:

• Refusal to submit to a chemical test: If you refuse a breathalyzer or other chemical test during a traffic stop, you may face an automatic license suspension. A DMV hearing allows you to contest this suspension.
• DWI arrests: Even if your criminal DWI case is ongoing, the DMV can hold a separate hearing to address the status of your license.
• Excessive points on your driving record: Accumulating too many points for traffic violations may trigger a DMV hearing.
• Serious accidents: A hearing may be held if you were involved in a crash resulting in severe injury or death.

During a DMV hearing, an administrative law judge (ALJ) will review evidence, hear testimony, and make decisions based on the specific rules and regulations governing New York drivers. While these hearings may seem less formal than criminal court, the stakes can be just as high, and having a skilled attorney by your side is crucial.

The Process of a DMV Hearing in New York

Navigating the DMV hearing process can be complex, especially if you're unfamiliar with the procedures. Below is an overview of what to expect:

1. Notice of Hearing: You will receive a notice from the DMV informing you of the time, date, and location of your hearing. This notice will also outline the allegations against you.
2. Preparation: Preparing for a DMV hearing involves gathering evidence, reviewing police reports, and identifying witnesses who can testify on your behalf.
3. The Hearing: During the hearing, both sides will present evidence and call witnesses. The administrative law judge will evaluate the evidence and testimony to determine whether your driving privileges should be suspended or revoked.
4. Decision: The ALJ will issue a decision based on the evidence presented. If the decision is unfavorable, you may have the option to appeal.

Because the burden of proof at a DMV hearing is lower than in a criminal court, having a knowledgeable New York DMV hearing lawyer to challenge the evidence against you is essential.

Why You Need to Hire Our Firm

A DMV hearing is not simply a formality—it’s a critical opportunity to protect your driving privileges and defend your reputation. Representing yourself can put you at a significant disadvantage, as these hearings involve legal technicalities that require a deep understanding of DMV procedures and state traffic laws.

Our team at Barket Epstein Kearon Aldea & LoTurco, LLP knows how to:

• Challenge the validity of the evidence, such as the accuracy of chemical tests or police reports.
• Cross-examine witnesses, including law enforcement officers, to uncover inconsistencies.
• Present compelling arguments and evidence in your favor.
• Negotiate alternative outcomes, such as conditional or restricted licenses, when applicable.

Contact us today at (888) 779-0267 to let our team fight for a favorable outcome.